Whether it’s securing the border or deporting criminal illegal aliens, enforcement is the bedrock of comprehensive immigration reform. In addition to continuing to send National Guard troops to assist with border enforcement, the state needs to do its part here at home by working with federal authorities to deport criminal illegal aliens.
Zero Tolerance for Criminal Illegal Aliens
• Encourage every county in North Carolina to enroll in the 287(g) program
The 287(g) program trains local law enforcement officers to enforce federal immigration law. The FY2007-2008 state budget allocated $750,000 in nonrecurring funds to the North Carolina Sheriffs’ Association to help expand this program. The state needs to build on this momentum and encourage more counties to participate by providing sustained financial support. Smaller counties should likewise be encouraged to join the Criminal Alien Program (CAP). Civitas’ polling has consistently found that most voters (88 percent) support the 287(g) program.
In particular, the state should give local law enforcement officers the authority to arrest any person identified by the National Criminal Information Center as having an outstanding charge, warrant or detainer from Immigration and Customs Enforcement (ICE) or the Department of Homeland Security.
• Guarantee that illegal alien criminals stand trial
Judges should be directed to consider immigration status and the risk of flight when setting bail for criminal illegal aliens. As is done with certain repeat drug traffickers (cf. G.S. § 15A-533(d)), the state should move to deny pretrial release to criminal illegal aliens charged with a felony, DWI or identity theft.
• Mandate that no local ordinances contradict federal and state laws
The state should prohibit local jurisdictions from establishing themselves as sanctuary cities – perhaps by denying funding to cities that do so. According to a recent Congressional Research Service report, Durham is one of at least 31 cities classified as a sanctuary city. Other localities, such as Carrboro and Chapel Hill, have instructed law enforcement personnel to ignore deportation orders.
• Prevent identity theft
Implement instantaneous verification measures to identify drivers who do not possess a valid license. This process could be facilitated using technology developed by the Criminal Justice Information Network.
Make it a felony (Class I) to furnish false identification (Social Security number, passport, etc.) information with the intent of fraudulently obtaining a state driver’s license or identification card. Currently, such an offense is a Class 1 misdemeanor (cf. G.S. § 20-30).
Review North Carolina’s driver’s license database to detect duplicate photos and possible cases of fraud. All licenses that contain all “9s,” instead of a valid Social Security number, should be revoked and reissued, pending provision of a valid number or visa. This review can be funded via the Drivers License Technology Fund, with supplemental funds obtained through the Federal Motor Carrier Safety Administration.
Remove consular identification cards from the list of documents that may be used to prove residency. According to the FBI, Mexico’s Matricula Consular, in particular, is “primarily being utilized by illegal aliens in the United States.” Warns the FBI: “In addition to being vulnerable to fraud, the Matricula Consular is also vulnerable to forgery.”
Add driving without a valid license to the list of offenses that require jail personnel to verify immigration status (cf. S.L. 2007-494). Currently, driving without a license is a Class 2 misdemeanor, with the charges being waived if the defendant can produce a valid license in court.
• Allowing police officers to ask arrestees if they are legal residents of the United States (89%)
• County participation in the 287(g) program (88%)
• Deporting illegal immigrants found guilty of driving while intoxicated (84%)
• Requiring that illegal immigrants arrested for a crime be held without bail until trial (67%)
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Arizona a Pioneer in Immigration Reform |
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A bipartisan effort has made Arizona a reluctant pioneer in the fight for immigration enforcement and reform. In November 2006, voters passed Proposition 300, which required illegal aliens to pay out-of-state college tuition. In July 2007, the Legislature passed a measure requiring all Arizona employers to use the E-Verify system to screen new employees. The law also revoked the business license of any employer caught (on a second offense) hiring undocumented workers. As explained by Senate President Tim Bee (R), Arizona residents supported the measure due to safety and fiscal concerns: “People are afraid for their safety … [and] the impact on our state’s budget has been huge: incarcerations, prosecution, the funding of students for our schools, the health care system – all of these parts of the state budget are impacted by illegal immigration.” While the “Legal Arizona Workers Act” has been challenged in court, both the U.S. District Court of Arizona and the Ninth Circuit Court of Appeals in San Francisco have denied emergency motions for an injunction. The new law, which went into effect on January 1, 2008, has been credited as having already prompted many illegal aliens to leave Arizona. |